Kansas Contracts Questions & Answers
Q: I have a promissory note to sell a car to a man and he is late with payment can I repo it
Yes.
Q: I bought a car at a buy here pay here stopped paying due to personal reasons ita been about 8 years now and they have
not came and got it and now its not showing on any of my credit reports did they write it off how do I get rid of the car ?
You need to see if the car has a lien on it. If it does, you’ll have to pay it or bankrupt it. If not, you are free to do as you wish.
Q: What information shall I include in a construction contract ?
What information do I need to include in my bid ?
Unless you enjoy making costly mistakes you should consult with a business lawyer before drafting a construction contract. Why? Because all reputable contractors have done this for a living; and because the contracts they use are written by their lawyers; and because unless you use a lawyer you... Read more »
Q: Does new ownership of an asst living facility have to honor prepaid rent?
My mother lives in an assisted living facility and is paid through the end of the year. A new corporation just purchased the facility and they are saying they have no record of the payments. Obviously we have proof of payment but they say we have to go after the old company for a refund and we... Read more »
Assisted living facilities are regulated in the state of Kansas. https://www.kdads.ks.gov/docs/default-source/General-Provider-Pages/provider-statutes-and-regulations/ksa-and-kar-for-adult-care-homes/assisted-living---residential-health-care-facilities.pdf?sfvrsn=9c9706ee_2 . One of the first... Read more »
Q: I live in Missouri and am under a one year contract, is the property manager allowed to install sound monitors?
The landlord/property manager has added an additional property manager without verbal, or written notice. The new manager has verbally told me that he will be the new manager. He is installing sound monitors in hallways and wants to enter mine to install one, without written request. They also are... Read more »
I am not licensed to practice in Missouri; nor do I represent your landlord of their property managers. However, unless there is some real demonstrable reason for the landlord or property managers to want to "install sound monitors in hallways" of the tenants' apartments I would strongly advise... Read more »
Q: What does sections 441. 020 - 441. 040 mean?
I had a notice of terminating possession posted on my door
They are citations to Kansas statutes being used to do something.
Q: We leased a gas station the gas margin dropped we can not pay the rent to landlord what shall we do
Unless the landlord guaranteed that the gas margin would not drop you must continue to pay the rent or the landlord will eventually declare you in default, evict you and possibly seek damages.
Q: Can I lock a commercial tennaant out for non-payment
What does the commercial lease say about slow payments or non-payments? If the lease says yes, then do it.
Q: I need help finding some case laws on the acknowledgment of paternity where it is inadmissible in court
it can be from any state, doesn't have to be from Kansas
I often advice people seeking free legal work that they should try Google--which may or may not give correct advice.
Q: Bayview loan servicer not applying payments
Bayview loan servicing acquired our property in 2016. It was originally inc,used in a bankruptcy it we stayed in the home paying the monthly payment. Later, I fell on financial struggles which cause me to get behind in my payments. A short while later I was approved for mortgage modification &... Read more »
Hire a mortgage defense lawyer and let him handle it for you. You may have several options.
Q: Does a contract have to be notarized to be valid or can witnesses from both parties work?
I wrote out a contract to sell my Jeep and the buyer agreed on the payment. He didn’t make any payments and I went to repossess it but was told no. He refuses to give me back the Jeep but the title is still in my name.
I do not practice in Kansas but your question remains open for four weeks. As a general matter throughout all states, contracts can be valid without notarization. In general, notarization is an added measure that more strongly confirms the identity of parties signing a contract or other document.... Read more »
Q: If I own a home but agreed and signed a 5 year contract for someone to rent to own my home, can I get my home back?
There are several issues that would pertain to a "rent to own" agreement that would depend upon the terms of the actual agreement. You should consult with an attorney, sharing with her or him the documents pertaining to the agreement.
Q: I signed a contract with a former employer when I changed my availability they let me go. The contract states if I quit
I owe them the money it cost to train me. Are they allowed to withhold my paycheck?
Employment agreements sometimes provide that, if a benefit is afforded at the early stage of the employment, and an employee leaves before having reached a certain anniversary, that the employee would repay the expense incurred for the benefit. Your question implies that your "availability" fit one... Read more »
Q: Mother wants to sell a cell tower??
My mother has rights to land that her deceased spouse gave her upon his death. On one piece of land, there is a cell tower that she wants to sell. To complicate matters, the land that the cell tower is on has been willed by her deceased spouse to his nephew when my mother dies. Can she sell the... Read more »
If a person owns a life estate in a piece of real property, that person would not have the power to sell the real estate outright without the person with the remainder interest participating as a seller in the sale. The tower may be a fixture that, once affixed to the property, becomes a part of... Read more »
Q: I was a nanny for a family without a written agreement. They did not tell me they were not going to withhold federal tax
I was a nanny for a family without a written agreement. They did not tell me they were not going to withhold federal taxes from my paychecks, so I am not being hit with their W2 form and a $600-$1500 fee to the IRS because they did not withhold those federal income taxes. Aside from this, I am now... Read more »
A nanny who works in the home and is paid more than $2,100 (2018 amount, $2,000 2017 amount) should have taxes withheld and the employer's contribution for Social Security paid by the employer. Under the federal Fair Labor Standards Act (FLSA), an employee is entitled to a minimum wage, time and a... Read more »
Q: Can I limit my liability as cosigner in a multi-tenant lease, with an addendum stating liability limits in dollar value?
being asked to co-sign for my son in a apartment lease that he will be sharing with two other boys. The landlord has agreed to an addendum that will state a limited liability equal to his portion of the rent over the life of the lease. Can this be accomplished ?
Yes, if both parties agree you can draft an addendum to provide that you are guaranteeing only a portion of the total rent. As long as both parties sign it, it would be enforceable to limit your liability.
*Please be advised that this answer is for information or educational purposes only... Read more »
Q: How easy or hard will it be to break a verbal contract involving the sale of some property
- we disagree on what was agreed upon.
Generally, speaking a contract for the sale of real property must be in writing. There are very limited exceptions to this rule and they usually involve when a party has moved into the home and started making payments in accordance with a verbal agreement. I would also caution that it does not... Read more »
Q: 40 year lease states lessee can buy land for 25K. (value 40 years ago). They want to buy but it's worth 225K (39th year)
how do I get out of this? i'm losing 200K in value. I inherited 25% of land and bought out the others.
If the lease specifically says they can buy it at a set price, you are probably stuck. With that being said, an attorney can not really answer that question without looking at the document. I would recommend you have an attorney review the contract and provide you an opinion. It is going to cost... Read more »
Q: Can use a picture of my work thru one company and use it for my own company website.
I have a picture of a yard that i maintained for a mowing company. I now have my own mowing company and mow for myself. Can i use that same picture of my work for that company and put it on my website
Who took the picture? When was it taken. If you did not take the picture than you can not use it without permission. If you did take the picture, but took it as an employee of the other company, they likely also have the rights to the picture as "employee work product."
You would be... Read more »
Q: If a Homeowners Association owns a street because the city will not accept it, does the HOA also own utility lines?
If "yes" and this was not disclosed to homeowners (or to HOA), what recourse do the homeowners have?
Generally speaking, the Utility Company would own the utility lines and there would be an easement over the street allow them to run and maintain the line.
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